Lokhandwala Kataria Construction Private Limited v. Nisus Finance & Investment Managers Llp

Lokhandwala Kataria Construction Private Limited v. Nisus Finance & Investment Managers Llp

(Supreme Court Of India)

Civil Appeal No. 9279 Of 2017 | 24-07-2017

1) Heard the learned Senior Counsel appearing for the parties.

2) The present appeal raises an interesting question as to whether, in view of Rule 8 of the I&B (Application to Adjudicating Authority) Rules, 2016, the National Company Law Appellate Tribunal could utilize the inherent power recognized by Rule 11 of the National Company Law Appellate Tribunal Rules, 2016 to allow a compromise before it by the parties after admission of the matter.

3) By the impugned order dated 13.07.2017, the National Company Law Appellate Tribunal was of the view that the inherent power could not be so utilized. According to us, prima facie this appears to be the correct position in law.

4) However, since all the parties are before us today, we utilize our powers under Article 142 of the Constitution of India to put a quietus to the matter before us. We take the Consent Terms dated 28.06.2017 and 12.07.2017 entered into between the parties on record and also record the undertaking of the appellant before us to abide by the Consent Terms in toto. The appellant also undertakes to pay the sums due on or before the dates mentioned in the aforesaid Consent Terms.

5) With this, the present appeal is disposed of.

6) In view of our order made today, nothing further survives in the aforesaid appeal.

Advocate List
Bench
  • HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
  • HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
Eq Citations
  • 2019 (1) CTC 238
  • [2018] 142 CLA 37 (SC)
  • (2018) 15 SCC 589
  • LQ/SC/2017/1035
Head Note

A. Company Law — National Company Law Appellate Tribunal (NCLAT) — Powers of NCLAT — Inherent powers — Utilization of inherent powers to allow compromise after admission of matter — Held, prima facie it is not permissible — However, under Art. 142 of the Constitution, consent terms entered into between parties taken on record and appellant undertaking to abide by consent terms in toto recorded — IB Application to Adjudicating Authority Rules, 2016 — R. 8 — National Company Law Appellate Tribunal Rules, 2016 — R. 11 — Constitution of India, Art. 142 (Paras 3 to 5)